Under the workers’ compensation in New York, when you have been injured on the job, you have the right to pursue benefits through a workers’ compensation claim. In many instances, it will be your exclusive remedy—in other words, the only avenue you have to pursue compensation for your losses. But that’s not always the case. In fact, there are situations where you can simultaneously file a workers’ compensation claim and a personal injury lawsuit. Here’s how it works.

The workers’ compensation laws were enacted, in part, to ease the burdens on both employees and employers in the aftermath of a work-related injury. For workers, there’s no need to go through the expensive and time-consuming process of filing a lawsuit, and benefits can be received in a matter of weeks, provided your claim is approved in a timely manner. For employers, the workers’ compensation laws eliminate fears of exorbitant and inconsistent judgments from sympathetic juries.

The workers’ compensation laws, though, are designed only to provide benefits in the event of negligence by an employer or a co-worker. They do not absolve unrelated third parties of responsibility for negligence. Accordingly, if your work injury was caused, in whole or in part, by the carelessness of an unrelated third party, such as the manufacturer of a tool, machine or piece of equipment, or the driver of a vehicle, you have the right to pursue damages against that party in a personal injury lawsuit in court. Of course, you’ll have to go through the discovery process and may not see any damage award for months or years.

In addition, you won’t be able to recover twice for the same loss. For example, if your medical expenses are paid by workers’ compensation, you cannot recover for those same expenses in a civil suit.

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

Answers for Business Owners to Common Questions about Workers’ Compensation

If you are starting a new business in New York, one of the most important issues you need to address is workers’ compensation insurance. It can be a pretty confusing subject, so we’ve put together a couple pages of frequently asked questions to help you understand your rights and responsibilities.

Q: Are all businesses required to obtain workers’ compensation insurance?

A:No. If you are a sole proprietor or operate as a partnership, there is no requirement that you carry workers’ compensation insurance. In addition, if your company has less than three individual shareholders who own all company stock and hold all company offices, you do not have to provide any coverage, provided you don’t have any other employees.

Q: When is workers’ compensation insurance required?

A:There are generally five situations where companies must provide workers’ compensation benefits. With the exceptions stated above, employers in any for-profit business must provide benefits for all employees. In addition, most employees of non-profit entities are entitled to workers’ compensation benefits. Nannies, maids and similar live-in workers must be provided with benefits if they work at least 40 hours a week at a residence. Farm workers who earn more than $1,200 in a prior calendar year are entitled to workers’ compensation coverage. Finally, the Workers’ Compensation Board may determine that a worker is an employee—if so, the worker is entitled to workers’ compensation coverage.

Q: What about independent contractors?

A:Under the New York workers’ compensation laws, almost any worker providing services to a business will be considered an employee and, therefore, entitled to workers’ compensation coverage, unless the services are of a type specifically excluded under state statute. This generally includes day laborers, leased employees, unpaid volunteers, subcontractors, borrowed employees and part-time workers. A worker’s tax status generally has no bearing on his or her workers’ compensation status.

Results-Oriented Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we bring more than a half a century of combined workers’ compensation experience to injured workers in Queens and across the New York City metropolitan area. We built our reputation on personal service and attention, always taking the time to learn the details of your situation, so that we can tailor our representation to get the outcome you deserve. Many of our new cases come to us as referrals from our colleagues in the legal profession or from satisfied clients.

We handle all types of work-related injury claims, including cases involving:

In the aftermath of a work-related injury, one of your primary concerns is finances. You may be uncertain about how you’ll meet your financial obligations and you don’t want any unnecessary expenses. But you need to hire an experienced workers’ compensation attorney to ensure that you get the benefits you deserve? How much is that going to cost? What will you need to come up with out of your own pocket? Here’s the really good news—when you seek benefits through a workers’ compensation claim, you never have to pay your lawyer directly!!

So how does your lawyer get paid? It’s a pretty straightforward process. The judge and/or the Workers’ Compensation Board will determine, in your case, what fees are reasonable and appropriate for your attorney to receive. It’s similar to the contingency fee that most lawyers charge in a personal injury claim, typically a percentage of the amount of benefits that your lawyer is able to recover for you. It can also be based on the range of services that your attorney provides. Accordingly, when you receive benefits, a percentage of those benefits will be deducted and paid to your lawyer for services rendered.

There’s a real benefit to you in this approach. Because your lawyer gets a percentage of any amount recovered, the incentive is to work harder to get a larger award for you, so that the attorney also gets a higher fee.

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

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When you’ve had a workplace injury, one of your primary goals will be to get healthy enough to return to work. Of course, once you’ve suffered an injury, there’s always the risk that you’ll reinjure yourself. What happens then? Can you collect workers’ compensation benefits if you aggravate an old injury or suffer an injury similar to one you’ve had in the past?

The good news is that you can always file a workers’ compensation claim for the same type of injury, to the same part of the body, an injury that you suffered at any time in the past, whether it was five months ago or five years ago. Whether or not the old injury will have any impact or effect on your current claim will depend on various factors. For example, if you hurt your back in the past, but you received treatment, but fully recovered and worked without incident for a period of time, the mere fact that you had a similar injury in the past will probably not have any impact on your current claim. For all intents and purposes, it is considered to be a new and totally separate injury.

On the other hand, if you had returned to work, but were still receiving treatment for a prior injury, a workers’ compensation judge may determine that some part of your injury should be “apportioned” to the prior injury. That determination may or may not have an impact on the amount you are entitled to receive for the new injury. In any case, it’s essential that you have a thorough examination, as you may experience similar symptoms, but have injury to an entirely different part of your body.

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

According to research, as many as 3,000 people in the United States are diagnosed with Mesothelioma every year. The only known cause of Mesothelioma is exposure to asbestos. TheWorld Health Organization estimates that as 125 million peoplearound the world have been exposed to asbestos in the workplace. It’s also believed the more than a million workers in the United States are still being exposed to asbestos and at risk of contracting Mesothelioma.

Q: What is Mesothelioma?

A: Mesothelioma is an extremely rare form of cancer that typically attacks the lining of major organs, such as the heart and lungs, as well as the abdomen. Mesothelioma that affects the lungs, the most common kind, is known as pleural Mesothelioma. Mesothelioma impacting the abdomen is referred to medically as peritoneal Mesothelioma. When the disease strikes the heart, it’s known as pericardial Mesothelioma. The only known cause of Mesothelioma is exposure to asbestos.

Q: How will I know if I have Mesothelioma?

A: Diagnosing Mesothelioma can be difficult, as it can take anywhere from ten to fifty years for symptoms after exposure for symptoms to appear. However, the most common indicators of Mesothelioma include shortness of breath, chest pain, wheezing or hoarseness, bowel obstructions, coughing and weight loss. Because many of these symptoms also appear in other diseases, it can take a while to get a definitive diagnosis of Mesothelioma. The necessary tests may include MRIs, pulmonary function tests, blood tests and fluid or tissue samples.

Q: What treatment is available for Mesothelioma?

A: Mesothelioma is a form of cancer, so the treatment regimens typical with other types of cancer are also used with this disease. That may include chemotherapy or radiation, and in limited situations, surgical procedures.

Q: Can I seek workers’ compensation benefits for Mesothelioma?

A: Absolutely. The only requirements to file a workers’ compensation claim in New York are that you show you were injured and that the injury was work-related. Workplace illnesses are fully compensable.

Proven Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we bring more than 50 years of combined workers’ compensation experience to injured workers throughout the borough of Queens and New York City metropolitan area. We built our successful practice on a commitment to personal service and attention. As a result, many of our new cases come to us as referrals from our colleagues in the legal profession or from other clients.

We handle all types of work-related injury claims, including cases involving:

For decades, many workers in New York have been exposed to asbestos in the workplace. It’s now clear that asbestos exposure can lead to certain types of cancer, as well as other physical maladies. This page answers many of the frequently asked about asbestos and its link to cancer.

Q: What is asbestos?

A: Asbestos is a mineral that is found in nature, and has been mined for more than 100 years. It’s primarily known for its durability and its fireproof capabilities. It’s been widely used in consumer products, in everything from roofing shingles and home insulation to cement pipes and brake linings for motor vehicles. Research has shown that when asbestos breaks down, it separates into tiny fibers, which can be ingested. When those fibers accumulate in significant numbers, they can interfere with basic body functions.

Q: How do I know if I was exposed to asbestos on the job?

A: The health risks associated with asbestos were discovered in the 60s and 70s, and banned in the late 80s, so building constructed before the late 1980s may have had asbestos. There should be records regarding whether a structure underwent asbestos removal or remediation. To determine whether you have contracted any asbestos-related disease, including cancer, you’ll want to undergo a chest X-ray. If the X-ray has a positive “B-read,” you most likely have an asbestos-related disease.

Q: What do I need to provide to successfully recover benefits for work-related exposure to asbestos?

A: To succeed with an asbestos-related injury or cancer claim, you must show that you

Were exposed to asbestos in the workplace

Have a chest X-ray with a positive B-read

Have a pathology report showing an asbestos-related malignancy

Have a letter from a board-certified physician stating the cause of your condition

Have affidavits confirming that you worked at an asbestos contaminated facility

Q: Can I seek workers’ compensation benefits for Asbestos-Related Cancer?

A: Yes. In New York, there are only two requirements to qualify for workers’ compensation—you must show that you were working, and that you suffered injury or illness in the course of your employment. If you can show that many of your co-workers experienced similar health problems, and incidences of similar illness were less in nearby work environments, that may be circumstantial evidence to support a workers’ compensation claim.

Effective Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we bring more than 50 years of combined workers’ compensation experience to injured workers throughout the borough of Queens and New York City metropolitan area. We built our successful practice on a commitment to personal service and attention. As a result, many of our new cases come to us as referrals from our colleagues in the legal profession or from other clients.

We handle all types of work-related injury claims, including cases involving:

When you have been hurt on the job, and have filed a workers’ compensation claim, it’s pretty common that the workers’ compensation insurance provider will require that you submit to a medical examination by a doctor chosen by the insurer. It’s important that you understand that you have a number of rights with respect to that examination, and it’s important that you know what they are.

When you receive the letter, it can be intimidating and confusing. The letter you receive, which will make reference to an “independent medical exam,” will typically ask you to appear for the examination and to bring a variety of documents or records. Contrary to what the letter suggests, though, the examination will be conducted by a doctor chosen and paid by the insurer, who has a vested interest in making conclusions and diagnoses that are favorable to the insurance company.

Your Rights at the Examination

The letter you receive will indicate whether the doctor plans to videotape the examination. However, regardless of whether the doctor chooses to do so, you always have the right to videotape the exam—you can also audiotape the doctor’s appointment. In addition, there is no rule that requires you to notify the doctor in advance that you will be taping the proceedings. If the letter says you must, ignore it. If you appear for the examination and the doctor says you cannot videotape the exam, you should politely decline to go through the examination.

Why would you want to videotape a medical examination? Because, as we were able to do in a case we handled recently, you may be able to successfully have the insurance company doctor’s report ruled inadmissible, if it has no bearing on your injury or your claim.

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

When you’re hurt on the job, it can often seem like an open and shut case, but the reality is that many legitimate claims are initially rejected. That’s one of the primary reasons you want to hire an experienced and proven workers’ compensation attorney. But how do you do that? What are the things you want to know when looking for a workers’ compensation lawyer?

Hire an Experienced Workers Compensation Attorney

Workers’ compensation is a complex area of practice, with its own set of rules and regulations. It’s not something you want handled by a general practitioner. Ask a prospective lawyer what percentage of his or her practice involves workers’ compensation, and how many workers’ compensation claims he or she has handled—the more, the better. If it’s less than 25% of the practice, or the attorney has only handled a handful of workers’ compensation cases, you probably want to look elsewhere.

Hire an Experienced Trial Attorney

In most instances, when your claim is initially denied, your attorney will have to go before a judge to get the results you want. You don’t want a lawyer who doesn’t know his or her way around a courtroom or hearing room.

Hire an Attorney with a Plan

When you are interviewing prospective lawyers, ask what specific steps will be taken to get the outcome you want. If the attorney doesn’t have a concrete plan and can’t explain it to you, move on.

Hire an Attorney Who Will Be There

It’s inevitable that you’ll have questions or concerns. Confirm that the lawyer will be accessible, either in person or by phone, to answer those questions. Workers’ compensation can be a volume practice, and you don’t want to hire an attorney who doesn’t have time for you.

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

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What Happens at a Workers' Compensation Hearing and Why Are They Scheduled?

What Happens at a Workers' Compensation Hearing and Why Are They Scheduled?

When you've been injured on the job, one of the first things you'll do is notify your employer and file a claim for workers' compensation. In some situations, your claim will be approved without the need for a hearing, and your benefits will start within a couple weeks. In most situations, though, you'll receive a notice that a hearing has been scheduled. Why would hearing be set up and what happens at a workers' compensation hearing?

There are a number of reasons why you'll have to appear at a hearing after you've filed a claim for workers' compensation:

Your employer or the workers' compensation insurance provider may be challenging your claim, arguing that you weren't hurt on the job

The insurance company doctor may have concluded that your injuries don't prevent you from doing your job

There may be a dispute about your wages or the amount to which you are entitled

At the workers' compensation hearing, the parties will produce evidence regarding all the issues being contested. You can provide the judge with documentation regarding your pre-accident wages, so that you are awarded the appropriate amount of disability income under the law.

It's important to understand that your employer and the workers' compensation insurer will both likely have legal representation at the hearing. In addition, you can't expect that the judge will take the time to walk you through the process and ensure that your rights are protected. That's why it's important to have an experienced workers' compensation attorney at your side.

At Pyrros & Serres LLP, we handle all matters related to workers' compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

The common perception is that workers’ compensation claims arise when someone is involved in a work-related accident. Often, however, one of the most debilitating conditions may stem from environmental conditions—from substances present in the building, rather than from a specific incident. The term “sick building syndrome” has evolved to describe these types of injuries.

Q: What is sick building syndrome?

A: According to the National Institutes of Health, sick building syndrome, or SBS, refers to a situation where many of the occupants of a specific building experience the same adverse health challenges. For example, persons working in the same building may experience headaches, nausea and other specific maladies, or there may be increased absenteeism among workers at a specific location. In many instances, the actual source of the health problems may be difficult or impossible to ascertain.

Q: What are some of the telltale signs of SBS?

A:SBS can manifest in a wide array of symptoms, including:

Skin problems—lesions or dry, itchy skin

Nausea or vomiting

Headaches

Dry cough

Fatigue

Q: What are some known causes of SBS?

A: The World Health Organization issued a report finding that sick building syndrome is often cause by mold and bacteria, but the existence of chemical contaminants, and by pollen and viruses.

Q: Can you seek workers’ compensation benefits for Sick Building Syndrome?

A: Yes. In New York, to recover disability benefits as a result of a work-related condition, you must show only two things—that you were working, and that you suffered injury or illness in the course of your employment. If you can show that many of your co-workers experienced similar health problems, and incidences of similar illness were less in nearby work environments, that may be circumstantial evidence to support a workers’ compensation claim.

Effective Workers’ Compensation Attorneys in Queens, New York

At Pyrros & Serres, we bring more than 50 years of combined workers’ compensation experience to injured workers throughout the borough of Queens and New York City metropolitan area. We built our successful practice on a commitment to personal service and attention. As a result, many of our new cases come to us as referrals from our colleagues in the legal profession or from other clients.

We handle all types of work-related injury claims, including cases involving: